[Senate Report 110-326]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 700
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-326

======================================================================



 
 AMENDING CERTAIN LAWS RELATING TO NATIVE AMERICANS TO MAKE TECHNICAL 
                  CORRECTIONS, AND FOR OTHER PURPOSES

                                _______
                                

                 April 16, 2008.--Ordered to be printed

                                _______
                                

    Mr. Dorgan, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2087]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2087) to amend certain laws relating to Native 
Americans to make technical corrections, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 2087 is to amend several statutes to 
revise miscellaneous provisions related to Indian tribes and 
certain programs related to Native Americans.

                               Background

    The Native American Omnibus Technical Corrections Act of 
2007 would amend the Native American Graves Protection and 
Repatriation Act, the Indian Tribal Justice Technical and Legal 
Assistance Act of 2000, the Indian Tribal Justice Act, the 
Omnibus Crime Control and Safe Streets Act of 1968, the USA 
PATRIOT Improvement and Reauthorization Act of 2005, the Indian 
Land Consolidation Act, and ``An Act to promote the development 
of Indian arts and crafts and to create a board to assist 
therein, and for other purposes.'' An explanation of each 
provision is included below.

                          Legislative History

    The Native American Omnibus Technical Corrections Act of 
2007 (S. 2087) was introduced on September 25, 2007, by 
Senators Dorgan and McCain, and was referred to the Committee 
on Indian Affairs. Senator Baucus was added as a cosponsor on 
October 19, 2007, and Senator Kyl on October 23, 2007.
    On September 27, 2007, the Committee held an open business 
meeting at which it voted to favorably report S. 2087 without 
amendment to the full Senate, with a recommendation that the 
bill do pass.

            Committee Recommendation and Tabulation of Vote

    On September 27, 2007, the Committee on Indian Affairs 
convened a business meeting to consider S. 2087 and other 
measures, and voted to have the bill favorably reported to the 
full Senate, without amendment, with a recommendation that the 
bill do pass.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title of the Act as the Native 
American Omnibus Technical Corrections Act of 2007.

Section 2. Definition of Native American

    Section 2 amends the definition of ``Native American'' in 
the Native American Graves Protection and Repatriation Act (25 
U.S.C. 3001(9)). The purpose of this amendment is to clarify 
that in the context of repatriations, the term ``Native 
American'' refers to a member of a tribe, a people, or a 
culture that is or was indigenous to the United States.

Section 3. Indian tribal justice

    Section 3 reauthorizes Indian tribal justice programs as 
authorized under the Indian Tribal Justice Technical and Legal 
Assistance Act of 2000 (25 U.S.C. 3666 and 3681(d)) and the 
Indian Tribal Justice Act (25 U.S.C. 3621). The amendment 
reauthorizes funding through the Department of Justice to both 
Indian Legal Services programs for criminal and civil legal 
assistance, and to tribal courts for development, 
implementation, enhancement and continuing operation of tribal 
justice systems, and through the Department of the Interior for 
funding for tribal justice systems.

Section 4. Native American participation in methamphetamine grants

    Section 4 authorizes tribal inclusion in methamphetamine 
programs authorized under the Omnibus Crime Control and Safe 
Streets Act of 1968 and the USA PATRIOT Improvement and 
Reauthorization Act of 2005. The provision would add 
territories and Indian tribes to a grant program authorized 
under the Omnibus Crime Control and Safe Streets Act for 
training and investigation in Methamphetamine Hot Spot areas. 
This section would also add territories and Indian tribes to 
two grant provisions authorized under the PATRIOT Act (Public 
Law 109-177): grants to assist in the treatment of children 
endangered by living in a residence where methamphetamine has 
been manufactured or distributed, and grants to address 
methamphetamine use by pregnant and parenting women offenders.

Section 5. Indian Land Consolidation Act

    Section 5 amends the Indian Land Consolidation Act. This 
provision is a revised version of S. 3526 as passed in the 
109th Congress, based on feedback received from Indian Country. 
This section would:
     amend the definitions section of the Indian Land 
Consolidation Act (25 U.S.C. 2201) by making technical and 
clarifying changes to the definition of ``trust or restricted 
lands'' and to the definition of ``land'' (insofar as it 
pertains to permanent improvements).
     amend the Indian Probate Code of the Indian Land 
Consolidation Act (25 U.S.C. 2206), including--
          --providing a tribal ``opt-out'' of the current rule 
        in the Code against devising Indian Reorganization Act 
        (IRA) reservation lands to non-Indians by allowing the 
        tribe to pass a resolution, requesting the Secretary of 
        the Interior to follow the rule otherwise applicable to 
        non-IRA reservations (which allows such devises);
          --postponing the current law's presumption that a 
        devise to multiple persons creates a joint tenancy with 
        rights of survivorship until September 1, 2008;
          --clarifying, simplifying and streamlining the 
        process for consolidating and purchasing fractional 
        interests during probate; and
          --limiting the eligible purchasers in nonconsensual 
        probate purchases of very small interests to the 
        Secretary and, where the interest would be passing by 
        intestate succession to a nonmember, the Indian tribe.

Section 6. Indian goods and products

    Section 6 amends the Act entitled ``An Act to provide the 
development of Indian arts and crafts and to create a board to 
assist therein, and for other purposes,'' also known as the 
Indian Arts and Crafts Act of 1990. This section would amend 
the Act to provide the following:
     authorize any federal law enforcement officer to 
conduct an investigation of an offense involving the sale of 
any good that is misrepresented as an Indian produced good or 
product that occurs on land under the jurisdiction of the 
federal government.
     authorize the Indian Arts and Crafts Board to 
refer such an alleged offense to any federal law enforcement 
officer (including BIA law enforcement officers, not just an 
FBI officer, as under current law), for appropriate 
investigation.
     provide penalties for the misrepresentation of 
Indian produced goods and products.

                   Cost and Budgetary Considerations

    The cost estimate for S. 2087, as calculated by the 
Congressional Budget Office, follows:

S. 2087--Native American Omnibus Technical Corrections Act of 2007

    Summary: S. 2087 would extend the authorization of 
appropriations through 2012 for Indian tribal courts and other 
judicial systems. The bill also would make a number of changes 
and technical corrections to current laws concerning Native 
Americans. Many of those changes include amendments to the 
Indian probate code. Assuming appropriations of the necessary 
amounts, CBO estimates that implementing S. 2087 would cost $54 
million in 2008 and $312 million over the 2008-2012 period.
    S. 2087 also would modify penalties imposed on persons who 
sell goods fraudulently marketed as Indian arts or products. 
Criminal fines are recorded as revenues, deposited into the 
Crime Victims Fund, and later spent. CBO estimates that 
enacting S. 2087 could change the amount of revenues deposited 
into the fund, and direct spending from the fund, but any such 
effects would be insignificant.
    S. 2087 contains no intergovernmental mandates, as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    S. 2087 would impose a private-sector mandate, as defined 
in UMRA, on certain individuals by limiting the right they now 
have to bid without the consent of the heirs on small 
fractional property interests at probate. CBO expects that the 
cost of complying with this mandate would not be significant 
and would fall well below the annual threshold established in 
UMRA for private-sector mandates ($131 million in 2007, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2087 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

BIA Tribal Justice Systems:
    Authorization Level\1\......      58      58      58      58      58
    Estimated Outlays...........      52      58      58      58      58
DOJ Technical and Legal
 Assistance for Tribal Justice:
    Estimated Authorization            8       8       9       9       9
     Level\2\...................
    Estimated Outlays...........       2       4       6       7       9
    Total Changes:
        Estimated Authorization       66      66      67      67      67
         Level..................
        Estimated Outlays.......      54      62      64      65     67
------------------------------------------------------------------------
\1\A full-year appropriation for this program has not yet been enacted
  for 2008. The 2007 appropriation for BIA Tribal Justice Systems was
  about $14 million.
\2\A full-year appropriation for this program has not yet been enacted
  for 2008. The 2007 appropriation for DOJ Technical and Legal
  Assistance was about $8 million.
Note: BIA = Bureau of Indian Affairs; DOJ = Department of Justice.


    Basis of estimate: For this estimate, CBO assumes that S. 
2087 will be enacted near the start of fiscal year 2008, that 
the necessary amounts will be appropriated each year, and that 
outlays will follow historical spending patterns.

Spending subject to appropriation

    S. 2087 would authorize the appropriation of $58 million in 
2008 and $290 million over the 2008-2012 period for Bureau of 
Indian Affairs (BIA) tribal justice systems. In addition to 
these amounts, CBO estimates that an additional $43 million 
would be needed under the bill through 2012 for Department of 
Justice (DOJ) technical and legal assistance programs for 
tribal justice. We estimate that other provisions of the bill, 
including technical amendments to the Indian probate code, 
would result in no significant federal spending. Assuming 
appropriation of the authorized and estimated amounts, we 
estimate that implementingS. 2087 would result in discretionary 
outlays of $54 million in 2008 and $312 million over the 2008-2012 
period.
    BIA Tribal Justice Systems. S. 2087 would authorize the 
appropriation of $58 million a year through 2012 for the Bureau 
of Indian Affairs to provide grants to Indian tribes for tribal 
justice systems and for administrative expenses of the Office 
of Tribal Justice Support. The fiscal year 2007 appropriation 
for those activities was about $14 million. Those grants could 
be used to hire judicial personnel, provide technical 
assistance and training, offer victim assistance, acquire law 
library materials, or for other purposes. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing this provision would cost $52 million in 2008 and 
$284 million over the 2008-2012 period.
    DOJ Technical and Legal Assistance for Tribal Justice. S. 
2087 would authorize the appropriation of such sums as 
necessary for fiscal years 2008-2012 to DOJ for grants to 
support tribal courts and legal assistance programs. In 2007, 
about $8 million was appropriated for those programs. CBO 
estimates that continuing this program at the current level and 
adjusting for anticipated inflation over the 2008-2012 period 
would cost $28 million.
    Indian Land Consolidation Act Amendments. S. 2087 would 
make technical and clarifying amendments primarily to the 
Indian probate code specified under the Indian Land 
Consolidation Act. The Indian probate code was substantively 
amended in 2004 under the American Indian Probate Reform Act 
(Public Law 108-374), and S. 2087 would further modify the 
code. Specifically, S. 2087 would allow tribal members to 
transmit in a will certain reservation lands to non-Indians 
upon the Secretary of the Interior's approval of a tribal 
resolution. CBO estimates that implementing this provision 
could result in cost savings to BIA because there could be 
fewer individual owners of interests in trust lands. However, 
we estimate that any potential savings would not be significant 
over the 2008-2012 period.
    The bill also would simplify the process for consolidating 
and purchasing fractional interests in land during probate 
proceedings. When the Secretary receives multiple requests to 
purchase land during probate, the applicable heir or spouse 
would choose the eligible buyer. Also, during certain probate 
proceedings when the consent of an heir is not required, S. 
2087 would limit who can purchase very small interests in land. 
Last, the bill would delay the implementation of certain 
inheritance provisions of the probate code until September 1, 
2008. Based on information from BIA, CBO expects that those 
changes would affect a small number of cases; therefore, we 
estimate that BIA's cost to implement those provisions would be 
insignificant.
    Other Provisions. The bill would authorize the inclusion of 
Indian tribes in DOJ's methamphetamine programs. The 
legislation also would expand who can conduct an investigation 
relating to the sale of counterfeit Indian art products. The 
bill would allow any federal law enforcement officer to 
investigate such a violation, rather than only employees of the 
Federal Bureau of Investigation as under current law. CBO 
estimates that the costs of those provisions would be 
insignificant. Any additional spending would be subject to 
appropriation.

Direct spending and revenues

    S. 2087 would modify the penalties imposed on persons who 
sell goods fraudulently marketed as Indian arts or products. 
Criminal fines are recorded as revenues, deposited into the 
Crime Victims Fund, and later spent. CBO estimates that 
enacting S. 2087 could change the amount of revenues deposited 
into the fund and direct spending from the fund, but any such 
effects would be insignificant.
    Estimated impact on state, local, and tribal governments: 
S. 2087 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. Several provisions would benefit tribes by 
extending the authorization of current assistance programs and 
making tribes eligible to participate in other programs. Any 
costs to those tribes would be incurred voluntarily as a 
condition of receiving federal assistance.
    Estimated impact on the private sector: S. 2087 would 
impose a private-sector mandate by limiting the right of 
individuals to bid on small fractional interests at certain 
probate proceedings. Currently a specified set of eligible 
purchasers may bid on small fractional property interests 
without the consent of the heirs at such proceedings. The bill 
would allow only the Secretary of the Interior and the Indian 
tribe with jurisdiction over the interests to bid on those 
interests without consent in such cases. All other eligible 
purchasers could still bid, but only with consent of the heirs 
or surviving spouse. The restriction on bidding would only 
apply to sales in which the interests represent less than 5 
percent of the entire undivided ownership of the parcel of land 
in cases where there is no will. The changes in probate code 
would apply to very small interests in few cases. Thus, CBO 
expects that the cost of complying with this mandate would fall 
wellbelow the annual threshold established in UMRA for private-
sector mandates ($131 million in 2007, adjusted annually for 
inflation).
    Estimate prepared by: Federal Costs: Leigh Angres and Mark 
Grabowicz; Impact on State, Local, and Tribal Governments: 
Melissa Merrell; Impact on the Private Sector: MarDestinee 
Perez.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill evaluate 
the regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee has concluded that the 
regulatory and paperwork impacts of S. 2087 should be de 
minimus.

                        Executive Communication

    The Committee has received no official communication from 
the Administration on the provisions of S. 2087.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
enactment of S. 2087 will result in the following changes in 
existing law, (existing law proposed to be omitted is enclosed 
in black brackets and the new language to be added in italic, 
existing law in which no change is proposed is shown in roman):

                     DEFINITION OF NATIVE AMERICAN


                           25 U.S.C. 3001(9)

25 U.S.C. 3001(9) is amended as follows:
          (9) ``Native American'' means of, or relating to, a 
        tribe, people, or culture that is or was indigenous to 
        any geographic area that is now located within the 
        boundaries of the United States.

                         INDIAN TRIBAL JUSTICE


                           (PUB. L. 106-559)


                             25 U.S.C. 3666

Section 106 of the Indian Tribal Justice Technical and Legal 
        Assistance Act is amended as follows:
    For purposes of carrying out the activities under this 
subchapter, there are authorized to be appropriated such sums 
as are necessary [for fiscal years 2000 through 2004] for 
fiscal years 2008 through 2012.

                           25 U.S.C. 3681(d)

Section 201(d) of the Indian Tribal Justice Technical and Legal 
        Assistance Act is amended as follows:
    For purposes of carrying out the activities under this 
section, there are authorized to be appropriated such sums as 
are necessary [for fiscal years 2000 through 2004] for fiscal 
years 2008 through 2012.

                           (PUB. L. 106-559)


                             25 U.S.C. 3621

Section 201 of the Indian Tribal Justice Act is amended as 
        follows:
    (a) Office.--There is authorized to be appropriated to 
carry out the provisions of sections 3611 and 3612 of this 
title, $7,000,000 for each of the fiscal years 2000 through 
[2007] 2012. None of the funds provided under this subsection 
may be used for the administrative expenses of the office.
    (b) Base Support Funding for Tribal Justice Systems.--There 
is authorized to be appropriated to carry out the provisions of 
section 3613 of this title $50,000,000 for each of the fiscal 
years 2000 through [2007] 2012.
    (c) Administrative Expenses for Office.--There is 
authorized to be appropriated, for the administrative expenses 
of the Office, $500,000 for each of the fiscal years 2000 
through [2007] 2012.
    (d) Administrative Expenses for Tribal Judicial 
Conferences.--There is authorized to be appropriated, for the 
administrative expenses of tribal judicial conferences, 
$500,000 for each of the fiscal years 2000 through [2007] 2010.

        NATIVE AMERICAN PARTICIPATION IN METHAMPHETAMINE GRANTS


                          42 U.S.C. 3797cc(a)


SEC. 754. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF 
                    METHAMPHETAMINE.

Title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3711 et seq.) is amended by adding at 
        the end the following:

              PART II--CONFRONTING USE OF METHAMPHETAMINE


SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND 
                    METHAMPHETAMINE MANUFACTURING, SALE, AND USE IN HOT 
                    SPOTS.

    (a) Purpose and Program Authority.--
          (1) Purpose.--It is the purpose of this part to 
        assist States, territories, and Indian tribes (as 
        defined in section 2704)--
                  (A) to carry out programs to address the 
                manufacture, sale, and use of methamphetamine 
                drugs; and
                  (B) to improve the ability of State [and 
                local] territorial, Tribal, and local 
                government institutions to carry out such 
                programs.
          (2) Grant authorization.--The Attorney General, 
        through the Bureau of Justice Assistance in the Office 
        of Justice Programs may make grants to States, 
        territories, and Indian tribes to address the 
        manufacture, sale, and use of methamphetamine to 
        enhance public safety.
          (3) Grant projects to address methamphetamine 
        manufacture sale and use.--Grants made under subsection 
        (a) may be used for programs, projects, and other 
        activities to--
                  (A) investigate, arrest and prosecute 
                individuals violating laws related to the use, 
                manufacture, or sale of methamphetamine;
                  (B) reimburse the Drug Enforcement 
                Administration for expenses related to the 
                clean up of methamphetamine clandestine labs;
                  (C) support State, Tribal, and local health 
                department and environmental agency services 
                deployed to address methamphetamine; and
                  (D) procure equipment, technology, or support 
                systems, or pay for resources, if the applicant 
                for such a grant demonstrates to the 
                satisfaction of the Attorney General that 
                expenditures for such purposes would result in 
                the reduction in the use, sale, and manufacture 
                of methamphetamine.
          (4) Effect of subsection.--Nothing in this 
        subsection, or in the award or denial of any grant 
        pursuant to this subsection--
                  (A) allows grants authorized under paragraph 
                (3)(A) to be made to, or used by, an entity for 
                law enforcement activities that the entity 
                lacks jurisdiction to perform; or
                  (B) has any effect other than to authorize, 
                award, or deny a grant of funds to a State, 
                territory, or Indian tribe for the purposes 
                described in this subsection.

                         42 U.S.C. 3797cc-2(a)


SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.

    (a) In General.--The Attorney General shall make grants to 
States, territories, and Indian tribes (as defined in section 
2704 of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3797d)) for the purpose of carrying out programs to 
provide comprehensive services to aid children who are living 
in a home in which methamphetamine or other controlled 
substances are unlawfully manufactured, distributed, dispensed, 
or used.

           *       *       *       *       *       *       *


                           42 U.S.C. 3797cc-3


SEC. 756. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS 
                    METHAMPHETAMINE USE BY PREGNANT AND PARENTING WOMEN 
                    OFFENDERS.

    (a) Purpose and Program Authority.--
          (1) Grant authorization.--The Attorney General may 
        award competitive grants to address the use of 
        methamphetamine among pregnant and parenting women 
        offenders to promote public safety, public health, 
        family permanence and well being.
          (2) Purposes and program authority.--Grants awarded 
        under this section shall be used to facilitate or 
        enhance and collaboration between the criminal justice, 
        child welfare, and State, territorial, or Tribal 
        substance abuse systems in order to carry out programs 
        to address the use of methamphetamine drugs by pregnant 
        and parenting women offenders.
    (b) Definitions.--In this section, the following 
definitions shall apply:
          (1) Child welfare agency.--The term ``child welfare 
        agency'' means the State, territorial, or Tribal agency 
        responsible for child [and/or] or family services and 
        welfare.
          (2) Criminal justice agency.--The term ``criminal 
        justice agency'' means an agency of the State, 
        territory, or Indian tribe or local government or its 
        contracted agency that is responsible for detection, 
        arrest, enforcement, prosecution, defense, 
        adjudication, incarceration, probation, or parole 
        relating to the violation of the criminal laws of that 
        State, territory, or Indian tribe or local government.
          (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 2704 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3797d).
    (c) Applications.--
          (1) In general.--No grant may be awarded under this 
        section unless an application has been submitted to, 
        and approved by, the Attorney General.
          (2) Application.--An application for a grant under 
        this section shall be submitted in such form, and 
        contain such information, as the Attorney General may 
        prescribe by regulation or guidelines.
          (3) Eligible entities.--The Attorney General shall 
        make grants to States, territories, and [Indian Tribes] 
        Indian tribes. Applicants must demonstrate extensive 
        collaboration with the State criminal justice agency 
        and child welfare agency in the planning and 
        implementation of the program.
          (4) Contents.--In accordance with the regulations or 
        guidelines established by the Attorney General in 
        consultation with the Secretary of Health and Human 
        Services, each application for a grant under this 
        section shall contain a plan to expand the [State's 
        services] services of the State, territory, or Indian 
        tribe for pregnant and parenting women offenders who 
        are pregnant women [and/or] or women with dependent 
        children for the use of methamphetamine or 
        methamphetamine and other drugs and include the 
        following in the plan:
                  (A) A description of how the applicant will 
                work jointly with the [State] criminal justice 
                and child welfare agencies needs associated 
                with the use of methamphetamine or 
                methamphetamine and other drugs by pregnant and 
                parenting women offenders to promote family 
                stability and permanence.
                  (B) A description of the nature and the 
                extent of the problem of methamphetamine use by 
                pregnant and parenting women offenders.
                  (C) A certification that the State has 
                involved counties, Indian tribes, and other 
                units of local government, when appropriate, in 
                the development, expansion, modification, 
                operation or improvement of proposed programs 
                to address the use, manufacture, or sale of 
                methamphetamine.
                  (D) A certification that funds received under 
                this section will be used to supplement, not 
                supplant, other Federal, State, tribal and 
                local funds.

           *       *       *       *       *       *       *


                     INDIAN LAND CONSOLIDATION ACT


                             25 U.S.C. 2201

Section 202 of the Indian Land Consolidation Act is amended as 
        follows:

SEC. 2201. DEFINITIONS.

           *       *       *       *       *       *       *


          (4)(i) ``trust or restricted lands'' means lands, 
        title to which is held by the United States in trust 
        for an Indian tribe or individual, or which is held by 
        an Indian tribe or individual subject to a restriction 
        by the United States against alienation; and
          [``trust or restricted interest in land'' or] (ii) 
        ``trust or restricted interest in land'' or ``trust or 
        restricted interest in a parcel of land'' means [an 
        interest in land, title to which] an interest in land, 
        the title to which interest is held in trust by the 
        United States for an Indian tribe or individual, or 
        which is held by an Indian tribe or individual subject 
        to a restriction by the United States against 
        alienation.

           *       *       *       *       *       *       *

          [(7) ``land'' means any real property, and includes 
        within its meaning for purposes of this chapter 
        improvements permanently affixed to real property;]
          (7) the term ``land''--
                  (A) means any real property; and
                  (B) only for purposes of intestate succession 
                under section 207(a), includes the interest, if 
                any, owned by the decedent in improvements 
                permanently affixed to a parcel of trust or 
                restricted lands (subject to any valid mortgage 
                or other interest in such an improvement) if 
                the parcel was owned, in whole or in part, by 
                the decedent immediately prior to the death of 
                the decedent.

                             25 U.S.C. 2206

Section 207 of the Indian Land Consolidation Act is amended as 
        follows:
    (a)(2)(D) Intestate Descent of Small Fractional Interests 
in Land.--
                          (i) General rule.--Notwithstanding 
                        subparagraphs (A) and (B), and subject 
                        to any applicable Federal law, any 
                        trust or restricted interest in land in 
                        the decedent's estate that is not 
                        disposed of by a valid will and 
                        represents less than 5 percent of the 
                        entire undivided ownership of the 
                        parcel of land of which such interest 
                        is a part, as evidenced by the 
                        decedent's estate inventory at the time 
                        of the heirship determination, shall 
                        descend in accordance with [clauses 
                        (ii) through (iv)] clauses (ii) through 
                        (v).

           *       *       *       *       *       *       *

                          [(v) Rule of construction.--This 
                        subparagraph shall not be construed to 
                        limit a person's right to devise any 
                        trust or restricted interest by way of 
                        a valid will in accordance with 
                        subsection (b) of this section.]
                          (v) Effect of subparagraph.--Nothing 
                        in this subparagraph limits the right 
                        of any person to devise any trust or 
                        restricted interest pursuant to a valid 
                        will in accordance with subsection (b).

           *       *       *       *       *       *       *

    (b)(2)(B) Indian Reorganization Act Lands.--
                          [Any interest] (i) In general.--
                        Subject to clauses (ii) and (iii), any 
                        interest in trust or restricted land 
                        that is subject to section 464 of this 
                        title, may be devised only in 
                        accordance with--
                                  [(i)](I) that section;
                                  [(ii)](II) subparagraph 
                                (A)(i); or
                                  [(iii)](III) paragraph 
                                (1)(A)[;].
                          (ii) Exception--
                                  (I) In general.--
                                Notwithstanding clause (i), in 
                                any case in which a resolution, 
                                law, or other enactment of the 
                                Indian tribe with jurisdiction 
                                over the land of which an 
                                interest described in clause 
                                (i) is a part requests the 
                                Secretary to apply subparagraph 
                                (A)(ii) to devises of trust or 
                                restricted land under the 
                                jurisdiction of the Indian 
                                tribe, the interest may be 
                                devised in fee in accordance 
                                with subparagraph (A)(ii).
                                  (II) Effect.--Subclause (I) 
                                shall apply with respect to a 
                                devise of a trust or restricted 
                                interest in land by any 
                                decedent who dies on or after 
                                the date on which the 
                                applicable Indian tribe adopts 
                                the resolution, law, or other 
                                enactment described in 
                                subclause (I), regardless of 
                                the date on which the devise is 
                                made.
                          [provided that nothing] (iii) 
                        Effect.--Except as provided in clause 
                        (ii), nothing in this section or in 
                        section 464 of this title, shall be 
                        construed to authorize the devise of 
                        any interest in trust or restricted 
                        land that is subject to section 464 of 
                        this title to any person as a fee 
                        interest under subparagraph (A)(ii).

           *       *       *       *       *       *       *

    (c) Joint Tenancy; Right of Survivorship.--

           *       *       *       *       *       *       *

          (2) Exception.--Paragraph (1) shall not apply to any 
        devise of an interest in trust or restricted land where 
        the will in which such devise is made was executed 
        prior to [the date that is 1 year after the date on 
        which the Secretary publishes the certification 
        required by section 8(a)(4) of the American Indian 
        Probate Reform Act of 2004.] September 1, 2008.

           *       *       *       *       *       *       *

    (o) Purchase Option at Probate.--

           *       *       *       *       *       *       *

          [(3) Request to purchase; auction; consent 
        requirements.--No sale] (3) Request to purchase; 
        consent requirements; multiple requests to purchase.--
                  (A) In general.--No sale of an interest in 
                probate shall occur under this subsection 
                unless--
                          [(A)] (i) an eligible purchaser 
                        described in paragraph (2) submits a 
                        written request to purchase prior to 
                        the distribution of the interest to 
                        heirs or devisees of the decedent and 
                        in accordance with any regulations of 
                        the Secretary; and
                          [(B)] (ii) except as provided in 
                        paragraph (5), the heirs or devisees of 
                        such interest, and the decedent's 
                        surviving spouse, if any, receiving a 
                        life estate under subparagraph (A) or 
                        (D) of subsection (a)(2) of this 
                        section consent to the sale.
                        [If the Secretary receives more than 1 
                        request to purchase the same interest, 
                        the Secretary shall sell the interest 
                        by public auction or sealed bid (as 
                        determined by the Secretary) at not 
                        less than the appraised fair market 
                        value to the eligible purchaser 
                        submitting the highest bid.]
                  (B) Multiple requests to purchase.--Except 
                for interests purchased pursuant to paragraph 
                (5), if the Secretary receives a request with 
                respect to an interest from more than 1 
                eligible purchaser under paragraph (2), the 
                Secretary shall sell the interest to the 
                eligible purchaser that is selected by the 
                applicable heir, devisee, or surviving spouse.
          (4) Appraisal and notice.--Prior to the sale of an 
        interest pursuant to this subsection, the Secretary 
        shall--
                  (A) appraise the interest at its fair market 
                value in accordance with this chapter; and
                  (B) provide eligible heirs, other devisees, 
                and the Indian tribe with jurisdiction over the 
                interest with written notice, sent by first 
                class mail, that the interest is available for 
                purchase in accordance with this subsection[; 
                and].
                  [(C) if the Secretary receives more than 1 
                request to purchase the interest by a person 
                described in subparagraph (B), provide notice 
                of the manner (auction or sealed bid), time and 
                place of the sale, a description, and the 
                appraised fair market value, of the interest to 
                be sold--
                          (i) to the heirs or other devisees 
                        and the Indian tribe with jurisdiction 
                        over the interest, by first class mail; 
                        and
                          (ii) to all other eligible 
                        purchasers, by posting written notice 
                        in at least 5 conspicuous places in the 
                        vicinity of the place of hearing.]
          (5) Small undivided interests in Indian lands.--
                  (A) In general.--Subject to [subparagraph 
                (B), the consent of a person who is an heir] 
                subparagraph (C), the consent of a person who 
                is an heir or surviving spouse otherwise 
                required under paragraph (3)(B) shall not be 
                required for the [auction and] sale of an 
                interest at probate under this subsection if--
                          (i) the interest is passing by 
                        intestate succession; [and]
                          (ii) prior to the [auction] sale the 
                        Secretary determines in the probate 
                        proceeding that [the interest passing 
                        to such heir represents], at the time 
                        of death of the applicable decedent, 
                        the interest of the decedent in the 
                        land represented less than 5 percent of 
                        the entire undivided ownership of the 
                        parcel of land as evidenced by the 
                        Secretary's records as of the time the 
                        determination is made[.];
                          (iii) the decedent died on or after 
                        September 1, 2008; and
                          (iv)(I) the Secretary is purchasing 
                        the interest under the program 
                        authorized under section 213(a)(1); or
                          (II) after receiving a notice under 
                        paragraph (4)(B), the Indian tribe with 
                        jurisdiction over the interest is 
                        proposing to purchase the interest from 
                        an heir or surviving spouse who is not 
                        residing on the property in accordance 
                        with clause (i), and who is not a 
                        member, and is not eligible to become a 
                        member, of that Indian tribe.
                  (B) Authority to extend date.--The Secretary 
                may extend the date referred to in subparagraph 
                (A)(iii) by not more than 1 year if, by not 
                later than August 1, 2008, the Secretary 
                publishes in the Federal Register a notice of 
                the extension.
                  [(B)] (C) Exception.--Notwithstanding 
                subparagraph (A), the consent of such heir or 
                surviving spouse shall be required for the sale 
                at probate of the [heir's interest] interest of 
                the heir or surviving spouse if, at the time of 
                the decedent's death, the heir or surviving 
                spouse was residing on the parcel of land of 
                which the interest to be sold was a part.

           *       *       *       *       *       *       *


25 U.S.C. 2212(a)(1)

           *       *       *       *       *       *       *


    (a) Acquisition by Secretary.--
          (1) In general.--The Secretary may acquire, at the 
        discretion of the Secretary and with the consent of the 
        owner, or from an heir during probate in accordance 
        with [section 207(p)] section 207(o) of this title and 
        at fair market value, any fractional interest in trust 
        or restricted lands.

                 INDIAN ARTS AND CRAFTS ACT AMENDMENTS


                            25 U.S.C. 305(d)

Section 5 of the Act entitled ``An Act to provide the 
        development of Indian arts and crafts and to create a 
        board to assist therein, and for other purposes'' is 
        amended as follows:
    [Referral for criminal and civil violations; complaints; 
recommendations
    (a) The Board may receive complaints of violations of 
section 1159 of title 18 and refer complaints of such 
violations to the Federal Bureau of Investigation for 
appropriate investigation. After reviewing the investigation 
report, the Board may recommend to the Attorney General of the 
United States that criminal proceedings be instituted under 
that section.
    (b) The Board may recommend that the Secretary of the 
Interior refer the matter to the Attorney General for civil 
action under section 305e of this title.]

SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.

    (a) Definition of Federal Law Enforcement Officer.--In this 
section, the term ``Federal law enforcement officer'' includes 
a Federal law enforcement officer (as defined in section 115(c) 
of title 18, United States Code).
    (b) Conduct of Investigations.--Any Federal law enforcement 
officer may conduct an investigation relating to a violation of 
this Act that occurs on land under the jurisdiction of the 
Federal Government.
    (c) Criminal Proceedings.--
          (1) Investigation.--
                  (A) In general.--The Board may refer an 
                alleged violation of section 1159 of title 18, 
                United States Code, to any Federal law 
                enforcement officer for appropriate 
                investigation.
                  (B) Referral not required.--A Federal law 
                enforcement officer may investigate an alleged 
                violation of section 1159 of that title 
                regardless of whether the Federal law 
                enforcement officer receives a referral under 
                subparagraph (A).
          (2) Findings.--The findings of an investigation of an 
        alleged violation of section 1159 of title 18, United 
        States Code, by any Federal department or agency under 
        paragraph (1)(A) shall be submitted to--
                  (A) the Attorney General; or
                  (B) the Board.
          (3) Recommendations.--On receiving the findings of an 
        investigation under paragraph (2), the Board may--
                  (A) recommend to the Attorney General that 
                criminal proceedings be initiated under section 
                1159 of title 18, United States Code; and
                  (B) provide such support to the Attorney 
                General relating to the criminal proceedings as 
                the Attorney General determines to be 
                appropriate.
    (d) Civil Actions.--In lieu of, or in addition to, any 
criminal proceeding under subsection (c), the Board may 
recommend that the Attorney General initiate a civil action 
under section 6.

                             25 U.S.C. 305e

Section 6 of the Act entitled ``An Act to provide the 
        development of Indian arts and crafts and to create a 
        board to assist therein, and for other purposes'' is 
        amended as follows:

SEC. 305E. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN PRODUCED 
                    GOODS

    (a) Definitions.--In this section:
          (1) Indian.--The term ``Indian'' means an individual 
        that--
                  (A) is a member of an Indian tribe; or
                  (B) is certified as an Indian artisan by an 
                Indian tribe.
          (2) Indian product.--The term ``Indian product'' has 
        the meaning given the term in any regulation 
        promulgated by the Secretary.
          (3) Indian tribe.--
                  (A) In general.--The term ``Indian tribe'' 
                has the meaning given the term in section 4 of 
                the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b).
                  (B) Inclusion.--The term ``Indian tribe'' 
                includes, for purposes of this section only, an 
                Indian group that has been formally recognized 
                as an Indian tribe by--
                          (i) a State legislature;
                          (ii) a State commission; or
                          (iii) another similar organization 
                        vested with State legislative tribal 
                        recognition authority.
                  (4) Secretary.--The term ``Secretary'' means 
                the Secretary of the Interior.
    [(a)] (b) Injunctive or Equitable Relief; Damages.--A 
person specified in [subsection (c)] subsection (d) of this 
section may, in a civil action in a court of competent 
jurisdiction, bring an action against a person who, directly or 
indirectly, offers or displays for sale or sells a good, with 
or without a Government trademark, in a manner that falsely 
suggests it is Indian produced, an Indian product, or the 
product of a particular Indian or Indian tribe or Indian arts 
and crafts organization, resident within the United States, 
to--
          (1) obtain injunctive or other equitable relief; and
          (2) recover the greater of--
                  (A) treble damages; or
                  (B) in the case of each aggrieved individual 
                Indian, Indian tribe, or Indian arts and crafts 
                organization, not less than $1,000 for each day 
                on which the offer or display for sale or sale 
                continues.
For purposes of paragraph (2)(A), damages shall include any and 
all gross profits accrued by the defendant as a result of the 
activities found to violate this subsection.
    [(b)] (c) Punitive Damages; Attorney's Fee.--In addition to 
the relief specified in [subsection (a)] subsection (b) of this 
section, the court may award punitive damages and the costs of 
[suit] the civil action and a reasonable attorney's fee.
    [(c) Persons Who May Initiate Civil Actions.--
          (1) A civil action under subsection (a) of this 
        section may be commenced--
                  (A) by the Attorney General of the United 
                States upon request of the Secretary of the 
                Interior on behalf of an Indian who is a member 
                of an Indian tribe or on behalf of an Indian 
                tribe or Indian arts and crafts organization;
                  (B) by an Indian tribe on behalf of itself, 
                an Indian who is a member of the tribe, or on 
                behalf of an Indian arts and crafts 
                organization; or
                  (C) by an Indian arts and crafts organization 
                on behalf of itself, or by an Indian on behalf 
                of himself or herself.
          (2) Any amount recovered pursuant to this section 
        shall be paid to the individual Indian, Indian tribe, 
        or Indian arts and crafts organization, except that--
                  (A) in the case of paragraph (1)(A), the 
                Attorney General may deduct from the amount 
                recovered--
                          (i) the amount for the costs of suit 
                        and reasonable attorney's fees awarded 
                        pursuant to subsection (b) of this 
                        section and deposit the amount of such 
                        costs and fees as a reimbursement 
                        credited to appropriations currently 
                        available to the Attorney General at 
                        the time of receipt of the amount 
                        recovered; and
                          (ii) the amount for the costs of 
                        investigation awarded pursuant to 
                        subsection (b) of this section and 
                        reimburse the Board the amount of such 
                        costs incurred as a direct result of 
                        Board activities in the suit; and
                  (B) in the case of paragraph (1)(B), the 
                amount recovered for the costs of suit and 
                reasonable attorney's fees pursuant to 
                subsection (b) of this section may be deducted 
                from the total amount awarded under subsection 
                (a)(2) of this section.]
    (d) Persons That May Initiate Civil Actions.--
          (1) In general.--A civil action under subsection (b) 
        may be initiated by--
                  (A) the Attorney General, at the request of 
                the Secretary acting on behalf of--
                          (i) an Indian tribe;
                          (ii) an Indian; or
                          (iii) an Indian arts and crafts 
                        organization;
                  (B) an Indian tribe, acting on behalf of--
                          (i) the Indian tribe;
                          (ii) a member of that Indian tribe; 
                        or
                          (iii) an Indian arts and crafts 
                        organization;
                  (C) an Indian; or
                  (D) an Indian arts and crafts organization.
          (2) Disposition of amounts recovered.--
                  (A) In general.--Except as provided in 
                subparagraph (B), an amount recovered in a 
                civil action under this section shall be paid 
                to the Indian tribe, the Indian, or the Indian 
                arts and crafts organization on the behalf of 
                which the civil action was initiated.
                  (B) Exceptions.--
                          (i) Attorney general.-- In the case 
                        of a civil action initiated under 
                        paragraph (1)(A), the Attorney General 
                        may deduct from the amount--
                                  (I) the amount of the cost of 
                                the civil action and reasonable 
                                attorney's fees awarded under 
                                subsection (c), to be deposited 
                                in the Treasury and credited to 
                                appropriations available to the 
                                Attorney General on the date on 
                                which the amount is recovered; 
                                and
                                  (II) the amount of the costs 
                                of investigation awarded under 
                                subsection (c), to reimburse 
                                the Board for the activities of 
                                the Board relating to the civil 
                                action.
                          (ii) Indian tribe.--In the case of a 
                        civil action initiated under paragraph 
                        (1)(B), the Indian tribe may deduct 
                        from the amount--
                                  (I) the amount of the cost of 
                                the civil action; and
                                  (II) reasonable attorney's 
                                fees.
    [(d) Definitions.--As used in this section--
          (1) the term ``Indian'' means any individual who is a 
        member of an Indian tribe; or for the purposes of this 
        section is certified as an Indian artisan by an Indian 
        tribe;
          (2) subject to subsection (f) of this section, the 
        terms ``Indian product'' and ``product of a particular 
        Indian tribe or Indian arts and crafts organization'' 
        has the meaning given such term in regulations which 
        may be promulgated by the Secretary of the Interior;
          (3) the term ``Indian tribe'' means--
                  (A) any Indian tribe, band, nation, Alaska 
                Native village, or other organized group or 
                community which is recognized as eligible for 
                the special programs and services provided by 
                the United States to Indians because of their 
                status as Indians; or
                  (B) any Indian group that has been formally 
                recognized as an Indian tribe by a State 
                legislature or by a State commission or similar 
                organization legislatively vested with State 
                tribal recognition authority; and
          (4) the term ``Indian arts and crafts organization'' 
        means any legally established arts and crafts marketing 
        organization composed of members of Indian tribes.]
    (e) Savings provision.--[In the event that] If any 
provision of this section is held invalid, it is the intent of 
Congress that the remaining provisions of this section shall 
continue in full force and effect.

                         18 U.S.C. Section 1159


SEC. 1159. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.

    (a) It is unlawful to offer or display for sale or sell any 
good, with or without a Government trademark, in a manner that 
falsely suggests it is Indian produced, an Indian product, or 
the product of a particular Indian or Indian tribe or Indian 
arts and crafts organization, resident within the United 
States.
    [(b) Whoever knowingly violates subsection (a) shall--
          (1) in the case of a first violation, if an 
        individual, be fined not more than $250,000 or 
        imprisoned not more than five years, or both, and, if a 
        person other than an individual, be fined not more than 
        $1,000,000; and
          (2) in the case of subsequent violations, if an 
        individual, be fined not more than $1,000,000 or 
        imprisoned not more than fifteen years, or both, and, 
        if a person other than an individual, be fined not more 
        than $5,000,000.]
    (b) Penalty.--Any person that knowingly violates subsection 
(a) shall--
          (1) in the case of a first violation by that person--
                  (A) if the applicable goods are offered or 
                displayed for sale at a total price of $1,000 
                or more, or if the applicable goods are sold 
                for a total price of $1,000 or more--
                          (i) in the case of an individual, be 
                        fined not more than $250,000, 
                        imprisoned for not more than 5 years, 
                        or both; and
                          (ii) in the case of a person other 
                        than an individual, be fined not more 
                        than $1,000,000; and
                  (B) if the applicable goods are offered or 
                displayed for sale at a total price of less 
                than $1,000, or if the applicable goods are 
                sold for a total price of less than $1,000--
                          (i) in the case of an individual, be 
                        fined not more than $25,000, imprisoned 
                        for not more than 1 year, or both; and
                          (ii) in the case of a person other 
                        than an individual, be fined not more 
                        than $100,000; and
          (2) in the case of a subsequent violation by that 
        person, regardless of the amount for which any good is 
        offered or displayed for sale or sold--
                  (A) in the case of an individual, be fined 
                under this title, imprisoned for not more than 
                15 years, or both; and
                  (B) in the case of a person other than an 
                individual, be fined not more than $5,000,000.
    (c) As used in this section--
          (1) the term ``Indian'' means any individual who is a 
        member of an Indian tribe, or for the purposes of this 
        section is certified as an Indian artisan by an Indian 
        tribe;
          (2) the terms ``Indian product'' and ``product of a 
        particular Indian tribe or Indian arts and crafts 
        organization'' has the meaning given such term in 
        regulations which may be promulgated by the Secretary 
        of the Interior;
          [(3) the term ``Indian tribe'' means--
                  (A) any Indian tribe, band, nation, Alaska 
                Native village, or other organized group or 
                community which is recognized as eligible for 
                the special programs and services provided by 
                the United States to Indians because of their 
                status as Indians; or
                  (B) any Indian group that has been formally 
                recognized as an Indian tribe by a State 
                legislature or by a State commission or similar 
                organization legislatively vested with State 
                tribal recognition authority; and]
          (3) the term ``Indian tribe''--
                  (A) has the meaning given the term in section 
                4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b); and
                  (B) includes, for purposes of this section 
                only, an Indian group that has been formally 
                recognized as an Indian tribe by--
                          (i) a State legislature;
                          (ii) a State commission; or
                          (iii) another similar organization 
                        vested with State legislative tribal 
                        recognition authority; and

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